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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Jackson (1830) NSW Sel Cas (Dowling) 608; [1830] NSWSupC 37

insolvency, military officer, wages, action against

Supreme Court of New South Wales

Hearing, June 1830[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of New South Wales, 2/3462

[p. 320]

[Where an Officer in the Army seeks the benefit of the N.S.W. insolvent act the Court cannot compel him to assign any of his pay for the benefit of his creditors, sedhie whether an officer in the army come within the meaning and scope of the Insolvent act.

In re Jackson

The defendant a Major in the army came up to be declared insolvent under the Act of Council No. 7. 10 G 4. 1830.  His Insolvency was not disputed and the Court ordered an assignment of his state and effects the Insolvent was willing to set a part or portion of his pay towards the liquidation of his debts.

The Court thought they had no power to compel any assignment of his pay but were willing to sanction it as a voluntary act on his part, as matter of private arrangement, doubting however that the insolvent was one of the persons contemplated by the act.

 

Notes

[1 ] From its position in the notebook, it appears that the case was heard in June 1830.

 

Published by the Division of Law, Macquarie University